The Huntsville City Council recently declared this overgrown yard at 1320 Pratt Ave. a public nuisance. Owner James Hessler likes his yard the way it is because it attracts birds and provides privacy from his neighbors in Five Points. (The Huntsville Times/Dave Dieter)

HUNTSVILLE, Alabama -- A Five Points resident has asked a judge to block city officials from trimming his overgrown yard.

In a petition filed recently in Madison County Circuit Court, James Hessler contends the city's nuisance abatement plan for his property goes well beyond the state law governing tall grass and weeds.

Hessler's yard at 1320 Pratt Ave. is so dense with trees, shrubs and vines that only the roof and part of the front porch is visible from the street. But Hessler likes the look for privacy reasons and because it attracts wildlife.

On July 10, the City Council voted to declare the property a public nuisance after hearing from city Community Development Director Ken Benion, several Five Points residents and members of the city beautification board.

While attorney Charlie Hooper spoke on Hessler's behalf, a legal complaint filed July 23 argues that the meeting violated Hessler's due process rights because he was not given the opportunity to respond to or question other speakers.

The case has been assigned to Madison County Circuit Judge Jim Smith, who is expected to hear oral arguments at 10 a.m. Thursday.

In a nuisance abatement plan presented earlier this month, city officials wrote that Hessler's yard is "virtually neglected, unmaintained and undisturbed" with the exception of a few narrow paths. They contend that makes it a potential breeding ground for mice, snakes, mosquitoes and other vermin.

The cheapest option is clear-cutting all saplings and plants less than 6 inches tall and 4 inches in diameter, officials said. Invasive species such as Chinese privet, English ivy and honeysuckle would also have to go.

And the city would grind stumps or remove root systems to keep unwanted trees from growing back.

The city would send Hessler an invoice for the clean-up costs. If he refused to pay, said Benion, the amount would be added to his annual property tax bill.

Hooper said the cutting plan would make Hessler's yard look like everyone else's in Five Points -- which is just what his client does not want.

"I don't think it's a middle ground if it tells somebody, 'Your property has to conform to every other property in the neighborhood,'" Hooper said Tuesday.

"Everybody's got to (compromise) a little bit here."

City Attorney Peter Joffrion was not immediately available for comment.

In an affidavit accompanying his complaint, Hessler said the cutting plan gives city officials "unbridled discretion" to decide what stays and what goes.

Hessler has documented more than 50 varieties of plants growing on his property, including white pine, cape lilac, water oak, false wild garlic, sweet clover and wild yam.